Anonymous
13 November 2010 at 13:43
dear sir
my father made will on 2005 and is registered also now my mother and brother and sister are saying that the property is to divided and my mother is getting pension around 15000.now my sister had came to me ask for rent shop and house my father passed away now she is not vacating the house and my brother come gest before oneday and he is at possion please guid me what have to for this
thanking you
S.MANIMARAN
13 November 2010 at 12:35
sir a suit for recovery of money is filed by A against B in the suit A filed a application to attach the mechanic tools rest in the shed of the B, due to the non appearance the application is allowed they came for the attachment, but the tools is not belonging to him, originally he hire them for his work purpose, therefore the original owner of the tools who hire to the B filed a objection application in the court stating the real facts to arise the attachment, my question is whether the third party without impleading in the suit or application can he make such application for objection, refer me any citation for the same infavour of third party
,( the fact is not in execution proceeding only in the suit)
thanking you
S.MANIMARAN
13 November 2010 at 12:32
sir a suit for recovery of money is filed by A against B in the suit A filed a application to attach the mechanic tools rest in the shed of the B, due to the non appearance the application is allowed they came for the attachment, but the tools is not belonging to him, originally he hire them form his work purpose, therefore the original owner of the tools who hire to the B filed aobjection application in the court stating the real facts to arise the attachment, my question is whether the third party without impleading in the suit or application can he make such application for objection, refer me any citation for the same ,( the fact is not in execution proceeding only in the suit)
thanking you
Anonymous
13 November 2010 at 11:02
Sir,
I am dealing a case, in which the civil court ( Sr. Div) reject the application of Arbitration in the suit for specific performance of contract on the sole ground that the court has no jurisdiction and only a principal civil court has jurisdiction. it is pertinent to state here that it was the court where above suit was filed. that the lower court counsel does not disclosed the fact of status of arbitration application and it was come to the knowledge of defendant when he visited the advocate chamber on occasion of diwali. what is the possibility of the revision or appeal before H.C. even after laps of more than 10 months.
nikhil
13 November 2010 at 09:02
i want to take bike as mortgage , against which a have to given a money,
what are the documents are required foe being my safer side. if he don't give money back.
Anonymous
13 November 2010 at 08:39
is it compulsory to fill up the forms given in the domestic violence Act to make a complaint of domestic viiolence or i can also submit a petition through an advocate
Anonymous
13 November 2010 at 07:10
Suit for Partition filed in the year 1986.
Suit was withdrawn in the year 1996 before trial with a liberty to file fresh suit for the same cause of action.
By 2009, i purchased a property, which was a part in the earlier suit.
Now in 2010, a suit for partition came to be filed by the Plaintiffs in which i was also arrayed as a party.
I filed an application to reject the plaint on the ground Res Judicata. Application dismissed. Even no cause of action in plaint.
What i to do now?
Fresh application to reject plaint or revision before High Court?
vaidyanathan
13 November 2010 at 04:39
A professional cheat has trapped three VRS holders from a PSU and got money executing promissory notes and cheques.
In due course he replaced the same with a partnership deed cum general power of attorney. But shrewdly not registered but under notoriety.
Upon knowing the fact that the land land was not on his name only but also on his wife, the clients filed civil suit for recovery of money attaching his contract bills before judgement but in no way either the property/revenue whatsoever of the factory over which he executed the said deed.
The VRS holders' lawyer expired and his son also a budding lawyer stepped in.The opposite lawyer dragging on for more than three years now objected to the point of unregistered hence not maintainable in court.
What is the recourse available for the cheated. Pl. help for the budding lawyer, whose survival depends on the admittance of the case. can be mailed vaidya.keshav@gmail.com
s.loganathan
13 November 2010 at 02:53
1, Bank had declared my a/c as NPA, issued 13(2) and abandoned by not taking further action.
2. Bank declares my a/c again as NPA, and issues 13(2) & 13(4), but abandoned again by not making mandatory paper publication.
3. Bank for the third time issues 13(2) notice as 'Fresh Notice' based on the same date of NPA as second 13(2) notice. As the bank had, as per the doctrine of issue estoppel, waived its rights when it took possession u/s 13(4). Neither has the Bank reconveyed possession nor has it declared the a/c as NPA afresh to qualify for a 'Fresh' cause of action to issue 'Fresh' 13(2) notice. In this advent, the third 13(2) notice & subsequent 13(4) possession is not legal.
4. I had brought this particular point to the notice of the Authorized Officer in my representation & objection u/s 13(3A).
5. I have filed an application before the DRT on the above unlawful notice and a host of other gross infirmities caused by the Bank including the declaration of my a/c as NPA since it was not overdue and interest in full was serviced and within my sanctioned limits, within 90 days.
6. In the application I had listed out the loss & damages that I had suffered, which is about 250 times the amount claimed by the Bank.
7. My question is, in the wake of an illegal invocation of Sarfaesi provision vide unlawful NPA qualification as per RBI guidelines, and the illegal third 13(2) & 13(4) actions. Would I need to make a pre-deposit in order to get a stay on further action by the Bank based on the third notice?
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Succesion
If Hindu female died along with her husband and their both childern.living heirs of husband and heirs of father and mother.
Now if she have LIc insurance policies in her name having nominee is her mother.and policy was commenced before 2 years of her marriage.
Now as per Suceesion act will section 15 of hindu succesion act mentioned below will applicable or not for this LIc policy property in her name?
or this property of LIC policy is considered as her property only instead of being considered as property inherited by her father.
"Any property inherited by a female Hindu from her father or mother shall devolve, in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter) not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of the father"